A/HRC/39/49
views on whether private military and security companies could be used alongside national
armies and whether they would be appropriate for peacekeeping missions.
14.
On 27 and 28 February 2018, Ms. Arias participated in the Montreux Document
Forum Regional Meeting in Costa Rica. On behalf of the Working Group, she delivered a
presentation on the private military and security industry in Latin America and the
Caribbean, entitled “Introduction to challenges and opportunities for regulation”.
15.
On 18 April 2018, Mr. Rona participated as a speaker in a panel discussion at the
seventeenth session of the Permanent Forum on Indigenous Issues in New York. Mr. Rona
delivered a presentation on private military and security companies in extractive industries
and their impact on human rights and indigenous peoples’ rights. In his remarks, he
highlighted human rights concerns relating to the use of private military and security
companies in extractive industries and its impact on indigenous peoples’ land rights. He
also addressed the gaps in the existing regulatory framework and called for robust
regulation to ensure accountability.
16.
From 16 to 24 May 2018, Mr. Rona conducted an academic visit to Brazil. Mr. Rona
gave lectures at universities in Rio de Janeiro, Dourados and Belem on the Human Rights
Council’s special procedures system, in particular on the Working Group’s mandate. He
also met with many individuals familiar with the operation of private militias in the urban
favelas and private security companies working for agribusiness interests in territories
claimed by indigenous peoples.
17.
On 7 June 2018, Mr. Rona participated as a speaker in a panel discussion on current
developments in other processes relating to the regulation of private military and security
companies, during the fourth plenary meeting of the Montreux Document Forum in
Geneva.
III. Recruitment of children by non-State armed groups,
including mercenaries, and private military and security
companies
A.
International legal framework and complementary non-binding
initiatives
18.
The recruitment and use of children in armed conflicts is one of the six grave
violations identified and condemned by the Security Council (see Council resolution 1261
(1999)). International humanitarian law, international human rights law and international
criminal law all prohibit both States and non-State armed groups from recruiting or using
children in hostilities.
19.
International humanitarian law applicable in armed conflicts recognizes children’s
rights and protects their dignity. More specifically, article 77 (2) of the Protocol additional
to the Geneva Conventions of 12 August 1949 and relating to the protection of victims of
international armed conflicts (Additional Protocol I) provides that the parties to the conflict
are to take all feasible measures in order that children who have not attained the age of 15
years do not take a direct part in hostilities and that, in particular, they are to refrain from
recruiting them into their armed forces. Article 4 (3) (c) of the Protocol additional to the
Geneva Conventions of 12 August 1949 and relating to the protection of victims of noninternational armed conflicts (Additional Protocol II), which is also applicable in noninternational armed conflict, provides that children who have not attained the age of 15
years are neither to be recruited in the armed forces or groups, nor allowed to take part in
hostilities. This provision awards a broad scope of protection to children under the age of
15 years, as it does not draw any distinction between “direct” and “indirect” participation in
hostilities. In addition, children fall within the general protection of civilians under this set
of laws. Furthermore, customary international humanitarian law recognizes the prohibition
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents